Hamburg City Zoning Code
ARTICLE XXIX
Historic Preservation
[Added 1-3-2007 by Ord. No. 5-2006[1]]
[1]
Editor's Note: This article was adopted as Article XXVA and redesignated as Article XXIX for purposes of codification.
§ 215-165 Purpose.
The provisions of this article are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples or elements of the Borough's environment in order to:
A.
Safeguard the heritage of Hamburg by preserving resources within the Borough which reflect elements of its cultural, social, economic and architectural history.
B.
Encourage the continued use of historic and/or noteworthy buildings, structures, objects and sites and to facilitate their appropriate reuse.
C.
Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites and districts within the Borough.
D.
Stabilize and improve property values within the Borough.
E.
Foster civic pride in the history and architecture of the Borough.
F.
Encourage proper maintenance of and reinvestment in buildings and structures within the Borough.
G.
Regulate appropriate alteration of historic sites as well as new construction within or near historic districts to ensure compatibility with the existing built environment and the Master Plan of the Borough.
H.
Discourage the unnecessary demolition or other destruction of historic resources.
I.
Further the public's knowledge of the history and development of the Borough as well as its appreciation of the Borough's historic sites.
J.
Enhance the visual and aesthetic character, diversity, continuity and interest in the Borough and its neighborhoods.
K.
Encourage beautification and private investment in the Borough.
L.
Promote the economic welfare of the Borough through the preservation of its historic sites and landscapes.
§ 215-166 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ADDITION
An extension or increase in building size, floor area or height.
ADMINISTRATIVE OFFICER
The Construction Official.
ALTERATION
Any change in the exterior architectural features of any improvement or addition.
APPLICATION
A request to the Commission made pursuant to this article for the purposes of obtaining a certificate of appropriateness or other action by the Commission hereunder specified.
APPLICATION FOR DEVELOPMENT
The application to the Land Use Board for approval of a major or minor subdivision plat, site plan, conditional use, zoning variance or the direction of the issuance of a permit pursuant to Section 25 or 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).[1]
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
CERTIFICATE OF APPROPRIATENESS (OR C/A)
That document issued by the Historic Preservation Commission required before work commences on any landmark or any building, structure, site or object located within a landmark district.
COMMISSION
The Historic Preservation Commission established pursuant to the provisions of this article.
CONSTRUCTION OFFICIAL
The officer in charge of the granting of building or construction permits.
DEMOLITION
The partial or total razing, dismantling or destruction, whether entirely or in significant part, of any building, structure, object or site. "Demolition" includes the removal of a building structure or object from its site or the removal or destruction of the facade or surface.
DESIGNATED PROPERTY OR DISTRICT
An individual building, structure, site, object or district which has been designated as having historical, architectural, cultural, aesthetic or other significance pursuant to the provisions of this article.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to the Municipal Land Use Law.
DISTRICT
See "landmark district," as defined herein.
HISTORIC
Having historical, architectural, cultural, aesthetic or other significance, as defined by the provisions of this article.
IMPROVEMENT
A building or other structure or any work constituting a man-made alteration of or addition to any site.
INTEGRITY
The authenticity of the historic identity of a building, structure, site, object or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property is affected by any action taken under this article or whose rights to use, acquire or enjoy property under this article or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this article.
INVENTORY
A list of historic properties determined to meet specified criteria of significance.
LANDMARK
A building, structure, site or object which has a special character or special historical or aesthetic interest as part of the development, heritage or cultural characteristics of the Borough, state or nation and which has been designated as a landmark pursuant to the provisions of this article.
LANDMARK DISTRICT OR DISTRICT
A geographic area with distinctly definable boundaries composed of several buildings or sites which has acquired a unity of character through the interrelationships of the component buildings and sites and has been designated as having historical, archaeological, cultural, scenic, architectural or other significance pursuant to the provisions of this article.
MASTER PLAN
The Master Plan of the Borough of Hamburg, as amended from time to time, compiled pursuant to the Municipal Land Use Law.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.
OBJECT
A material thing of functional, aesthetic, cultural, historic, scenic or scientific value that may be, by nature or design, movable, yet related to a specific setting or environment.
OWNER
Any person having a right, title or interest in any property so as to be legally entitled, upon obtaining such permits and other authorizations as may be required pursuant to law, to perform construction, alteration, removal, demolition or other work with respect to such property.
PERMIT
Any Borough approval for exterior work to be performed on any landmark or on any building, structure, object or site located within a landmark district, which exterior work will be subject to public view. Said permit shall include but not be limited to a building permit, a demolition permit or a permit to move, convert, relocate or remodel or to change the use or occupancy of any landmark or any building, structure, object or site located within a landmark district. "Permit" shall also include all exterior work to be performed on fences, signs, porches, railings, steps, lighting and sidewalks and any other work subject to public view which would alter the exterior appearance of landmarks or properties located within a landmark district or their sites.
REHABILITATION
Any repair or alteration that preserves significant historical or architectural features.
RESTORATION
The historically accurate repair or replacement of architectural features.
SITE
Any real property, whether public or private, with or without improvements, which is the location of a significant event or series of events, a prehistoric or historic occupation or activity or a building, structure or object or any configuration, portion or group of the foregoing which has been designated by the Commission as having historical, archaeological, cultural, scenic or architectural significance pursuant to the provisions of this article.
STRUCTURE
Any combination of materials, other than a building, which is affixed to a piece of property and shall include but not be limited to signs, fences, walls and paving materials.
SURVEY
The survey of buildings, structures, objects, sites and districts located within the Borough of Hamburg which is conducted by the Commission for the ascertainment of their historical, architectural, aesthetic, cultural or other significance pursuant to the provisions of this article.
VIEW OR PUBLIC VIEW
The view by the public of a building, structure, object or site from any point on a street or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.
[1]
Editor's Note: See N.J.S.A. 40:55D-3.
§ 215-167 Historic Preservation Commission.
A.
Creation. There is hereby created the Hamburg Historic Preservation Commission, whose members shall serve without compensation. The Commission shall be comprised of five regular members and two alternates.
B.
Regular members. At least one member shall be appointed from each of the following classes: Classes A and B.
(1)
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the Borough.
(2)
Class B: a person who has demonstrated a knowledge of or who has displayed an interest in local history and who may reside outside the Borough.
(3)
Class C: three persons who are citizens of the Borough, who hold no other municipal office, position or employment, except for membership on the Land Use Board, and who profess an interest in local history and/or historic preservation.
C.
Alternate members. Two alternate members shall also serve on the Commission. They must qualify as Class C members and shall be designated as "Alternate No. 1" or "Alternate No. 2" at the time of appointment. Alternate members may participate in all Commission discussions during proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. l shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
§ 215-168 Appointment of Commission members; terms; vacancies.
A.
The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2." The Mayor shall appoint a full membership, including regular and alternate members, of the Commission within 60 days from the effective date of this article.
B.
The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of the terms shall be distributed, in case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years.
C.
A vacancy occurring otherwise than by expiration of a term shall be filled within 60 days for the unexpired term only.
D.
The term of any member common to the Commission and the Land Use Board shall be for the term of membership on the Land Use Board.
E.
The presence of three members, which may include alternate members filling vacancies of regular members, at a meeting shall constitute a quorum.
[Amended 9-5-2007 by Ord. No. 8-2007]
F.
A member of the Commission may, after public hearing if he or she requests it, be removed for cause by a majority vote of the Borough Council.
§ 215-169 Officers.
The officers of the Commission shall be as follows:
A.
The Commission shall elect a Chairperson and Vice Chairperson from its members.
B.
The Land Use Board Secretary shall serve as Secretary to the Commission. The Secretary shall keep the minutes and records of all meetings and proceedings of the Commission, including voting records, attendance, resolutions, findings, determinations and decisions.
[Amended 9-5-2007 by Ord. No. 8-2007]
§ 215-170 Commission rules and organization.
The Commission shall have the authority to adopt all rules and regulations necessary to carry out its functions under the provisions of this article, including but not limited to maintenance of records and procedures, subject to the following:
A.
No Commission member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest, as herein defined.
B.
The Commission shall establish a regular schedule of meetings for the calendar year at its organization meeting, which meetings may be cancelled by the Chairperson in the event there is insufficient business to conduct a meeting. Additional meetings may be called by the Chairperson as required to fulfill its obligations under this article.
[Amended 10-5-2015 by Ord. No. 07-2015]
C.
All Commission minutes and records shall be public records.
D.
A member of the Borough Council and a member of the Land Use Board shall be designated as liaison between those bodies and the Commission.
E.
All rules and regulations adopted by the Commission shall be subject to the approval of the Borough Council.
§ 215-171 Appropriations to fund; employment of experts and staff.
A.
The Borough Council shall make provision in its budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the Borough Council, unless the Council has, by appropriation, provided for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for the Commission's use.
B.
The Borough's planning and construction officials shall provide such technical assistance as the Commission shall require. For budgeting and purchasing purposes, however, the Commission shall be allocated its own budget.
[Amended 9-5-2007 by Ord. No. 8-2007]
§ 215-172 Powers and duties of Commission.
The powers and duties of the Commission shall be as follows:
A.
To survey buildings, structures, objects, sites and districts located within the Borough and to research and evaluate them for their significance in accordance with the criteria established as set forth in the following section of this article.
B.
To maintain and expand, when appropriate, a comprehensive inventory of such buildings, structures, objects, sites and districts which are worthy of designation under the provisions of this article.
C.
To propose to the Borough Council those buildings, structures, objects, sites and districts located within the Borough which it has found to be worthy of landmark designation and hence should be subject to the provisions of this article. Actual nomination to, a finding of eligibility for or listing on the National or State Registers of Historic Places is not necessary for the provisions of this article to take effect once a property has been designated as significant by the Commission.
D.
To nominate buildings, structures, objects, sites and districts for inclusion in the National and/or the State of New Jersey Registers of Historic Places.
E.
To purchase or accept in its own name by gift, bequest or grant the right, title and interest in personal property, the acquisition of which will promote the purposes set forth in this article, provided that, if such acquisitions may require the expenditure of Borough funds, that such acquisitions shall be subject to the approval of the Borough Council. In addition, the Commission may apply for, receive, retain or expend any federal, state or private grant, grant-in-aid, gift or bequest in furtherance of this article and may obligate the expenditure of the funds which the Commission may have or may be appropriated to it, regardless of whether expenditure will be made in the then-current fiscal year. Any such property or interest given to the Commission shall be added to the Commission's existing budget and shall not displace or offset funds appropriated to it by the Borough, nor shall they be added to the Borough's general fund.
F.
To make recommendations to the Land Use Board and the Borough Council in the preparation and periodic updating of the historic preservation element of the Master Plan for the Borough, including but not limited to the addition or deletion of historic sites and districts identified in the Borough's Master Plan.
G.
To make recommendations to the Land Use Board and the Borough Council on the historic preservation implications of any proposed or adopted zoning or development ordinance(s) or proposed or adopted element(s) of the Borough's Master Plan.
H.
To advise and assist Borough officers, employees, boards and other bodies, including those at the county, state and federal levels, on all matters which have potential impact on the historic buildings, structures, objects, sites or districts in the Borough or on the physical character and ambience of any portion of the Borough or region.
I.
To approve or disapprove applications for certificates of appropriateness pursuant to the provisions of this article.
J.
To provide to the Land Use Board written reports of all actions taken by the Commission pursuant to the provisions of this article and which are not governed by time requirements for notice or action herein specified.
K.
To employ, contract for and fix the compensation of such other staff and services as the Commission shall deem necessary, subject to the provisions of § 215-171 of this article.
L.
To draft and/or recommend to the Borough Council and the Land Use Board ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of this article and the building or zoning regulations of the Township.
M.
To advise the Borough Council and the Land Use Board on the relative merits of proposals involving the use of public funds to restore, preserve and protect historic buildings, structures, objects and sites, including the preparation of the long-range plans therefor; to securing state, federal and/or other grants or assistance in support of such projects; and to monitor such projects once underway.
N.
To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs.
O.
To cooperate with local, county, state or national historical societies, governmental bodies and organizations to maximize the contributions of the Commission in accordance with the intent and purposes of historic preservation.
P.
To make information available to residents of historic buildings or districts concerning guidelines for rehabilitation and design criteria for new construction established under this article.
Q.
To seek any benefits which may be granted under the National Historic Preservation Act, as amended, or any other state or federal legislation, including but not limited to the benefits which flow to communities under the certified local government program with regard to training, grant funding and technical assistance, and, in furtherance thereof, to take any steps necessary to assist the Borough in the preparation and submission of any documents needed for certification of the Borough as a certified local government under said National Historic Preservation Act.
§ 215-173 Designation of buildings, structures, objects, sites and districts as historic.
A.
Criteria for designation. The Commission shall consider as worthy of designation those buildings, structures, objects, sites and districts that have integrity of location, design, setting, materials, workmanship, feeling and association and that meet one or more of the following criteria:
(1)
Are associated with events that have made a significant contribution to the broad patterns of our history.
(2)
Are associated with the lives of persons significant in our past.
(3)
Embody distinctive characteristics of a type, period or method of construction; that represent the work of a master; that possess high artistic values; or that represent a significant and distinguishable entity whose components may lack individual distinction.
(4)
Have yielded or may be likely to yield information important to prehistory or history.
(5)
Are otherwise of particular historic significance to the Borough by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, region or community.
B.
Procedures for designation. Proposals to designate a property as historic pursuant to this article may be made by the Borough Council, the Commission, the Land Use Board or by the verified application of the owner(s) or authorized agent(s) of the individual property to be designated or, in the case of a proposed district, by the verified application of 10% of the owners of record or persons residing within the district or by verified application of any organization with a recognized interest in historic preservation, in accordance with the following procedures:
(1)
A private party proposing a property or properties for landmark or historic district designation under this section shall prepare and submit to the Commission a nomination report for each proposed property, site or district. For historic district designations, the report shall include a building-by-building inventory of all properties within the district, photographs of representative properties within the district, a property map of the district showing boundaries and a physical description and statement of significance for the district. For individual landmark designations, the report shall include one or more photographs, the tax lot and block, number of the property and a physical description and statement of significance and proposed utilization of the sites. The Commission shall determine whether a submission is complete within 45 days of receipt of same. Failure of the Commission to act within the 45 days shall be deemed a declaration that the application is complete. A declaration of completeness is not a determination of the merits or quality of the submitted documents and does not preclude the Commission from requiring revisions on or other documents or information.
[Amended 9-5-2007 by Ord. No. 8-2007]
(2)
When the Borough Council, Commission or Land Use Board initiates a nomination proposal, the same information and documents mentioned in § 215-173B(1) shall be considered along with such other documents and information deemed pertinent.
[Amended 9-5-2007 by Ord. No. 8-2007]
(3)
Notice. In the case of a nomination by a private party, a public hearing shall be scheduled within 45 days after a declaration of completeness. In the case of a Borough Council, Commission or Land Use Board nomination, a public hearing shall be scheduled at a date deemed appropriate. At least 20 days prior to the hearing, the Commission shall, by personal service or certified mail:
[Amended 9-5-2007 by Ord. No. 8-2007]
(a)
Notify the owner(s) of record of a property that has been proposed for designation or of property within a district that has been proposed for designation that the property is being considered for such designation and the reasons therefor.
(b)
Advise the owner(s) of record of the significance and consequences of such designation and of the rights of the owner(s) of record to contest such designation under the provisions of this article.
(c)
Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property.
(d)
Serve any notices further required under the provisions of the Municipal Land Use Law.
(4)
Public notice of hearing. Public notice of the hearing shall be given at least 20 days prior to the hearing by publication in the official newspaper of the Borough. A copy of the nomination report shall also be made available for public inspection in the Municipal Clerk's office at least 20 days prior to the hearing.
(5)
Hearing. At a public hearing scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested persons shall be entitled to comment on the proposed nominations for designation. Those persons who intend to file a formal protest against a proposed designation under Subsection B(6) of this section must submit their protest, in writing, to the Commission in accordance with the provisions of that section of this article.
(6)
Protests. A protest against landmark designation signed by the owners of record of 30% or more of the properties within a proposed landmark district or by the owner(s) of record of a proposed landmark may be filed with the Commission 10 days prior to the scheduled hearing date of the proposed designation before the Commission. Protests must be in writing, must contain the reason(s) for the protest and must bear the verified signatures of the owner(s) joining in such a protest.
(7)
Commission report. Upon Commission review and public hearing, the Commission shall forward to the Borough Council its report, which shall contain a statement of its recommendations and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation.
(8)
Referral to Land Use Board. The Borough Council shall refer the report to the Land Use Board, which in turn shall report to the Borough Council as soon as possible, but within 60 days. Failure of the Land Use Board to transmit its report within the sixty-day period provided herein shall relieve the Borough Council of its obligations relating to the referral of such a report to the Land Use Board. Borough Council action on landmark or landmark district designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.
(9)
Final designation. As soon as possible after its receipt of the report of the Land Use Board or the expiration of the period allowed for Land Use Board comment on designations pursuant to Subsection B(8) of this section, the Borough Council shall act upon the proposed designation list and map and may approve, reject or modify by ordinance the designation recommendations made by the Land Use Board. In the event that the Borough Council votes to reject or modify any Land Use Board recommendations for a proposed designation, the Council shall record in its minutes the reasons for not following such recommendation. All action taken by the Council on proposed designations shall become effective upon a favorable vote of a majority of its full authorized membership, except, in cases in which a protest has been filed in accordance with Subsection B(6) of this section, a proposed designation shall require a favorable vote of 2/3 of the members of the Council.
(10)
Public notice of designation. Notice of designation shall be made public by publication in the official newspaper of the Borough and by distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.
(11)
Incorporation of designated landmarks into Borough records. Upon adoption, the designation list and map shall be incorporated by reference into the Master Plan and Zoning Ordinance of the Borough as required by the provisions of the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties maintained by the offices of the Borough Tax Assessor and the Municipal Clerk.
(12)
Amendments. Landmark and landmark district designations may be amended in the same manner as they were adopted in accordance with the provisions of this article.
§ 215-173.1 Landmarks and landmark districts.
[Added 10-4-2010 by Ord. No. 05-2010]
A.
The following buildings and structures are hereby designated as landmarks in accordance with the Historic Preservation Ordinance:
(1)
Wheatsworth Mill: Block 11, Lot 33, Tax Map.
(2)
Gingerbread Castle: Block 11, Lot 34, Tax Map.
(3)
Gingerbread Castle Restaurant Building: Block 7, Lot 27, Tax Map.
(4)
Tile Panels: Block 11, Lots 33 & 34, Tax Map.
(5)
Greenhouse: Block 7, Lot 27, Tax Map.
(6)
Dam: Block 11, Lot 32, Tax Map.
(7)
Church and Parsonage: Lot 1, Block 22, Tax Map.
[Added 3-7-2011 by Ord. No. 04-2011]
B.
The following properties are hereby designated as a Landmark District to be known as the Lime Kiln Historic District, consisting of Block 11, Lots 10, 10.01, as shown on the Tax Map, and that part of Block 11, Lot 7, consisting of 7,350 square feet, as shown and designated on a map entitled Proposed Historic District Boundaries, prepared by Wayne P. McCabe and Associates, Inc., dated April 10, 2010, consisting of one sheet, a copy of which is on file in the office of the Borough Clerk and available for public inspection.
C.
The aforementioned Landmarks and Landmark Districts shall be noted as such on the records for those properties maintained by the offices of the Borough Tax Assessor, Municipal Clerk and the Construction Code Office.
§ 215-174 Certificates of appropriateness: actions requiring review.
A.
Actions requiring review. A certificate of appropriateness (hereinafter "C/A") issued by the Commission shall be required before a permit is issued for many of the following or in the event that no other type of permit is required before any work can commence on any of the activities listed below in this subsection involving any landmark or any building, structure, site or object located within a landmark district:
(1)
Demolition or improvement.
(2)
Relocation.
(3)
Change in the exterior elevation or any improvement by addition, alteration or replacement.
(4)
Any new construction of a principal or accessory structure.
(5)
Any change in existing, or addition of new, signs or exterior lighting.
B.
Actions not requiring review. A certificate of appropriateness is not required for:
(1)
Changes to interiors.
(2)
Changes not visible to the public other than relocation or demolition.
(3)
Repair or exact replacement of any existing improvement, provided that the work does not alter the exterior appearance. The following activities are permitted as repairs:
(a)
Identical replacement of existing windows and doors.
(b)
Repairs of existing windows and doors and the installation of storm doors and windows that do not change their design, scale or appearance.
(c)
Maintenance and repair of existing roofing materials involving no change in the design, scale or appearance of the structure.
(d)
Structural repairs which do not alter the exterior appearance.
(e)
Replacement of existing clapboards, shingles or other siding with identical material.
(f)
Maintenance and repair of existing clapboards, shingles or other siding (including masonry) involving no change in the design, scale or appearance.
(g)
Exterior or interior painting.
C.
Emergency repairs. When a landmark or a building, structure, object or site located within a landmark district requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with Borough codes without first obtaining a certificate of appropriateness. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of its occupants or others and/or to maintain habitability. A request for the Commission's review shall be made simultaneously with the onset of emergency work, and no work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with the procedures set forth in this article. All work done under this section shall conform to the standards for rehabilitation set forth in § 215-175, Standards for review, herein.
D.
Informal review of concept plan for proposed undertakings. At the request of applicants considering action that may require Commission review, the Commission shall grant an informal review of a concept plan for the proposed undertaking. Neither the applicant nor the Commission shall be bound by any informal review.
§ 215-175 Standards for review.
A.
General criteria for review. In reviewing an application for its effect on a landmark or a building, structure, object or site located within a landmark district, the following criteria shall be used by the Commission, the Land Use Board, the Zoning Board of Adjustment, the Borough Council and all other officials and agencies of the Borough responsible for the administration of this article. The criteria set forth in this subsection relate to all projects affecting landmarks and any buildings, structures, objects and sites located within landmark districts and, with regard to such proposed projects, the following factors shall be considered:
(1)
The impact of the proposed change on the historic, architectural and/or cultural significance of the landmark or landmark district.
(2)
The importance of the landmark or the building, structure, object or site to the nation, state, region or municipality and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.
(3)
The use of any landmark or landmark district involved in the proposed change.
(4)
The extent to which the proposed action would adversely affect the public's view from the street of a landmark or building, structure, object or site located within a landmark district.
(5)
The impact the proposed change would have on the architectural or historic significance of the landmark or landmark district and the visual compatibility of the proposed change with adjacent buildings, structures, objects and sites in accordance with the requirements for design compatibility set forth in Subsection C of this section.
B.
Rehabilitation of existing buildings, structures, objects and sites. In reviewing any application for a certificate of appropriateness, the Commission shall make its determination as to whether any application should be approved, approved with conditions or denied on the basis of the purposes of this section, the provisions of this article and the following standards for review, which are identical to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings:
(1)
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1), regarding providing a compatible use for a property requiring minimal alteration or using it for its originally intended purpose, was repealed 9-5-2007 by Ord. No. 8-2007.
(2)
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3)
All buildings, structures, objects and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site shall be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(10)
Whenever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
C.
Design criteria; new construction. In assessing the design of any proposed addition or new construction, the Commission shall consider the following design criteria in conjunction with the standards of rehabilitation and review criteria set forth above. These design criteria shall be used to analyze the appropriateness of new construction in the form of additions and alterations to landmarks or new construction, additions or alterations to buildings, structures, objects or sites located within landmark districts.
(1)
Height. The height of the proposed structure shall be visually compatible with adjacent buildings.
(2)
Proportion of the facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with adjacent buildings and places.
(3)
Proportion of the openings. The relationship of the width of windows to the height of windows in a building shall be visually compatible with adjacent buildings and places.
(4)
Rhythm of solids. The relationship of solids to voids in the facade of a building shall be visually compatible with adjacent buildings and places.
(5)
Rhythm of spacing. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with adjacent buildings and places.
(6)
Rhythm of entrances. The relationship of entrances and porches to the street shall be visually compatible to adjacent buildings and places.
(7)
Relationship of materials. The relationship of materials, texture and tone of the facade and roof of a building shall be visually compatible with the predominate materials used in adjacent buildings.
(8)
Roof. The roof shape of a building shall be visually compatible with adjacent buildings.
(9)
Continuity of walls. Walls and open fencing shall maintain visual compatibility with adjacent buildings and places.
(10)
Scale. The size of a building mass in relation to open spaces, window and door openings, porches and balconies shall be visually compatible with adjacent buildings and places.
(11)
Directional expression. A building shall be visually compatible with adjacent buildings and places in its directional character, whether this be vertical, horizontal or nondirectional.
(12)
Windows. The type of glazing used in windows and doors shall be visually compatible with adjacent buildings.
D.
Review criteria for demolition. With regard to applications to demolish a landmark or any building, structure, object or site located within a landmark district, the following matters shall be considered:
(1)
Its historical, architectural, cultural and aesthetic significance.
(2)
Its use, its intended use and/or the use for which the building, structure, object or site was originally designed and the feasibility of the continuation of its designed use.
(3)
Its importance to the Borough and the extent to which its historical or architectural value is such that its removal will be detrimental to the landmark district and/or to the public interest.
(4)
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.
(5)
The extent to which its retention would promote business, create new positions, attract tourists, students, writers, historians, artists or artisans, encourage study and interest in American history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage or make the Borough a more attractive and desirable place in which to live.
(6)
The probable impact of its removal upon the ambience of the landmark district.
(7)
The structural soundness and integrity of the building, structure, object or site and the economic feasibility of its restoration or rehabilitation so as to allow for its reasonable use.
(8)
The threat to the public health and safety as a result of deterioration or disrepair of the building, structure, object or site.
(9)
The technological feasibility of structural rehabilitation.
(10)
The interference with the charitable purposes of any nonprofit or charitable organization if demolition is not permitted.
E.
Criteria regarding relocation of historic buildings or structures. The following factors shall be considered with regard to an application to move to a new location or site any landmark or any building, structure or object located within a landmark district:
(1)
The impact of the loss of integrity suffered as a result of removal from the original and/or historic location; and, if located within a historic district, the impact of that loss of integrity upon the district as a whole.
(2)
The relative value to the applicant of the proposed relocation contrasted to the value to the community as a whole in allowing it to remain at its original and/or historic site.
(3)
The compatibility, nature and character of the areas adjacent to both the present site and the proposed site as they relate to the protection of historic properties and districts as regulated by this article.
(4)
In the event that a proposed new location is in a historic district, the impact on the visual compatibility of adjacent buildings, structures, objects or sites as set forth in Subsections C(1) through C(12), inclusive, of this section as herein set forth.
(5)
The likelihood of significant damage to the physical integrity of the building, structure or object itself.
§ 215-176 Certificates of appropriateness; application procedures.
A.
The administrative officer shall refer all applications for permits pertaining to regulated activities involving landmarks or any buildings, structures, objects and sites located within landmark districts to the Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the changes proposed which were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law. A certificate of appropriateness (hereinafter "C/A") issued by the Commission in accordance with the procedures of this article is required prior to the commencement of any activities involving landmarks or properties within landmark districts which are governed by the provisions of this article.
B.
Applications shall be made on forms available in the office of the administrative officer in the Hamburg Municipal Building. Completed applications shall be delivered or mailed to the administrative officer at the Hamburg Municipal Building.
C.
Upon receipt of an application for a certificate of appropriateness, the Commission shall schedule a hearing for the purpose of reviewing said application and shall advise the applicant(s), in writing, of the time, date and place of said hearing.
(1)
Applications shall include a completed application form which contains a precise written description of the proposed work or activity and any of the following as may be required by the Commission:
(a)
Photographs of the existing structure or lot.
(b)
Scaled drawings showing site plan layout, facade elevations and specifications for materials.
(c)
For new construction applications, a streetscape elevation drawn to scale, showing the new structure in the context of neighboring buildings, structures and sites.
(d)
For large projects, working drawings.
(2)
The Commission may require the submission of additional information reasonably necessary to reach an informed decision on the application.
§ 215-177 Commission review of applications for certificates of appropriateness.
A.
The Commission shall review applications for certificates of appropriateness at a public hearing. The applicant(s) shall be required to appear or to be represented at any meeting of the Commission at which the Commission will consider his or her (their) application for a certificate of appropriateness, regardless of the ultimate findings and report of the Commission.
B.
As soon as possible, but no later than 45 days after the administrative officer has referred the application to the Commission, the Commission shall return to the administrative officer its written report granting or denying the application, which report may be stated in resolution form. The Commission shall file said report with the administrative officer, together with the certificate of appropriateness, if granted, within 10 days of the Commission's decision on the application and, on the same date, shall forward a copy of the report and the certificate of appropriateness to the applicant by personal service or by certified mail, return receipt requested.
C.
If, within the above forty-five-day period, the Commission has denied the issuance of a certificate of appropriateness required for the issuance of a permit or recommended that conditions be met prior to the issuance of a permit, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be.
D.
Failure of the Commission to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
E.
Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.
F.
After a certificate of appropriateness has been issued by the Commission, the administrative officer shall, from time to time, inspect the work approved by the Commission and report to the Commission any work not in accordance with such resolution of approval and the corresponding certificate of appropriateness.
G.
A certificate of appropriateness shall be valid for a period of one year from the date of its issuance unless reasonable extensions are granted by the Commission.
§ 215-178 Grant or denial of certificates of appropriateness.
A.
Purposes. The purpose of this section is the furtherance of the purposes of this article by affording the Borough, interested persons and historical societies or organizations the opportunity to acquire or to arrange for the preservation of landmarks or buildings, structures, objects or sites located within historic districts.
B.
Approval. Issuance of an approval of a permit shall be deemed to be final approval pursuant to this article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Borough ordinance to be made prior to undertaking the action requested concerning landmarks or any buildings, structures, objects or sites located in a landmark district.
C.
Denial. Denial of a certificate of appropriateness shall be deemed to preclude the applicant from undertaking the activity applied for.
(1)
Denial in applications for demolition. In the event that the Commission disapproves an application for a permit to demolish a landmark or any building, structure, object or site located within a landmark district, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish the same, provided that all of the following requirements have been fully met:
(a)
Permit procedure compliance. The owner has applied for the necessary permit and has received notice of denial of the same from the Commission and has appealed said denial to the Land Use Board, which has affirmed the denial.
(b)
Notice requirements. The owner has met the following notice requirements:
[1]
Notice of the proposed demolition has been published as set forth in Subsection C(1)(b)[2] and [3] of this section, and posted on the premises of the building, structure, object or site throughout the notice period in a location such that it is clearly readable from the street.
[2]
The applicant has published a notice in the official newspaper of the Borough within the first 10 days of the notice period, within not less than 10 nor more than 15 days prior to the expiration of the notice and at least once each 90 days between the above first and last notifications, if the notice period is nine months or longer.
[3]
The period of time during which notice must be given in the manner herein set forth shall be known as the notice period. It shall commence on the 10th day following the date of the notice of denial received from the Land Use Board after an appeal has been decided, and such notice period shall run for a period of time of nine months.
[4]
The owner has, during the notice period and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, structure, object or site and the land pertaining thereto to any person or organization, government or agency thereof or political subdivision or agency thereof which gives reasonable assurances that it is willing to preserve the building, structure, object or site and the land pertaining thereto.
[5]
The owner shall not have been a party to any bona fide contract binding upon all parties thereto for the sale of any such building, structure, object or site and the land pertaining thereto executed prior to the expiration of the notice period except a contract made in accordance with Subsection C(1)(b)[4] of this section.
(2)
Alternatives to demolition. During the notice period, the Commission shall consult with the Borough Council, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the Borough may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the building, structure, object or site when the moving or demolition thereof would be a loss to the Borough. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare a financial analysis which may include any or all of the following:
(a)
Amount paid for the property, date of purchase and the name of the party from whom purchased, including a description of the relationship, whether business and/or familial, if any, between the owner and the person from whom the property was purchased.
(b)
Assessed value of the land and improvements thereon according to the most recent assessment.
(c)
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
(d)
All appraisals obtained by the owner in connection with his or her purchase or financing of the property or during his or her ownership of the property.
(e)
Bona fide offers for the property for sale or rent, price asked and offers received, if any.
(f)
Any consideration given by the owner as to profitable, adaptive uses for the property.
(3)
Change in circumstances. The Commission may, if a significant change in circumstances occurs at any time during such notice period, approve a permit for demolition, in which event the permit shall be issued within 10 days thereafter.
§ 215-179 Effect of grants or denials of permits; appeals.
A.
Effect. Issuance of an approval of a permit shall be deemed to be a final approval pursuant to this article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Borough ordinance to be made prior to undertaking the action requested concerning the landmark or any building, structure, object or site located within a landmark district. The denial of a permit shall be deemed to preclude the applicant from undertaking the activity applied for.
B.
Statutory rights retained. The granting or denial of a permit may be appealed to the Land Use Board in the same manner as an appeal is taken pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judicial review of the Borough action after an appeal is concluded by the Land Use Board. The appellant shall pay all costs for copies of any transcript(s) required for appeal.
§ 215-180 Development in historic zoning districts or sites; informational copies of applications from Land Use Board.
The Land Use Board shall refer to the Commission every application submitted to the Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or identified in any component element of the Master Plan. The referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through its delegated members or staff, who shall testify orally at the hearing and explain any written report which may have been submitted by the Commission regarding the application. The Commission shall make available to the applicant a copy of its written report concerning said application for development.
§ 215-181 Violations and penalties; enforcement.
A.
Violations defined. Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any activity without approvals required by this article shall be deemed to be in violation hereof.
B.
Notice of violations. Upon learning of the violation, the administrative officer shall personally serve upon the owner of the property whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the building, structure or site to its condition prior to the violation. If the owner cannot personally be served within the Borough with said notice, a copy shall be posted on the property and a copy shall be sent to the owner at his or her last known address.
C.
Injunctive relief. In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the administrative officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or site or to prevent any illegal act, conduct, business or use in or about such premises as follows:
(1)
If any person shall undertake any activity requiring a permit and report of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the affected premises pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object or site to its condition prior to any such activity. The administrative officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than 10 days after the delivery of notice pursuant to Subsection B hereof.
(2)
In the event of the threat of imminent action for which the necessary approvals have not been granted and which action would permanently and adversely change a landmark or any building, structure, object or site located within a landmark district, the administrative officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.
D.
Penalties. In addition to the remedies provided above, a person convicted of a violation of this article before a court of competent jurisdiction shall be subject to penalties provided in Chapter 1, General Provisions, Article III.
§ 215-182 Preventive maintenance; notice of violations.
A.
Priority. Recognizing the need for preventive maintenance to ensure the continued useful life of historic buildings, structures, objects and sites, the Borough Council hereby declares that code enforcement for such designated properties is a high municipal priority.
B.
Notice of violation. In the event that any landmark or any building, structure, object or site located within a landmark district deteriorates to the point that, in the best estimate of the administrative officer, the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire building, structure, object or site on which the violation occurs, the administrative officer shall serve personally or by certified mail, return receipt requested, a notice on the owner of the property listing the violations, the estimate for their abatement and the replacement cost of the improvements and stating that, if the owner does not take all necessary remedial action within 60 days or such extensions as the administrative officer shall grant for good cause, the Borough's designated official may, at the expiration of said 60 days, enter upon the property and abate such violations and cause the cost thereof to become a lien on the property.
C.
Hearing. Upon receipt of such notice, the owner may, within 20 days after such receipt, notify the administrative officer of his or her intentions to have a hearing as to the allegations and estimates set forth in the notice. Such hearing shall be conducted by the Commission and shall, so far as possible, be a formal adversary proceeding in which the administrative officer shall establish the matters alleged in the notice by a preponderance of the evidence. If a hearing is requested, the administrative officer will, within 10 days following the hearing, serve on the owner an opinion, in writing, setting forth his or her conclusions and the reasons therefor.
D.
Action without a hearing. If the owner does not request a hearing, the findings of the administrative officer set forth in the notice issued in Subsection B above apply, and the administrative officer may take such necessary action as granted by the provisions of this article.
E.
Right of abatement. If the owner does not comply with the findings of the administrative officer, the administrative officer may enter onto the premises and, by use of municipal labor or outside contractors, or both, perform such work as is necessary to abate all violations.
F.
Costs. The administrative officer shall then certify to the Borough Council the cost of such work performed, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present the same to the Borough Council.
G.
Lien. The Borough Council may by resolution vote to cause the sum so certified to become a lien upon the property, payable with the next quarter's property taxes and, if not then paid, bearing interest at the same rate as delinquent taxes.
§ 215-183 Municipal responsibility.
It shall be the duty of all municipal officials of the Borough of Hamburg reviewing all permit applications involving real property or improvements thereon to determine whether such application involved any activity which should also be the subject of an application for a permit and, if it should be, to inform the Secretary of the Commission, the administrative officer and the applicant of the same.
§ 215-184 Rules of interpretation.
This article shall be liberally construed in order to effect the purposes set forth herein. In the event that this article conflicts with state law, state law shall take precedence.
§ 215-185 Repealer.
Any ordinance, or part thereof, inconsistent with the terms of this article is repealed. Article VII, Historic Preservation Committee, of Chapter 186 is expressly repealed.
